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Abstract

Company of finance in defrayal of motor vehicle which is its credit payment by consumer, doing cordage of that vehicle as guarantee of fiduciary. Law No. 42 1999 about Fiduciary (UUJF) oblige guarantee of fiduciary with notary deed registered at institute registration of fiduciary to obtain guarantee certificate of However company of defrayal do cordage of guarantee of fiduciary do not notary deed and do not be registered, so that that cordage is cordage of guarantee fiduciary underhand (akta bawah tangan). As a result company of defrayal get constraint if debtor do not ready to again pay for credit as promised (wanprestasi), ought to earn execute of that guarantee as creditor which prioritize. Therefore, by research about cause factors institute defrayal do agreement of made fiduciary underhand, legal status and protection of law to creditor in agreement of fiduciary underhand, if happened default.
This research have the character of analytical descriptive with approach juridical normative that is research of done document study or bibliography or addressed only at related regulations about agreement of consumer finance, and supported with interview to responder, that is: Superintendent or Head company of institution financial, Notary, Lawyer and debtor in Medan city.
Result of research show, institute financial taken as research object in Medan city do agreement of fiduciary is underhand caused by some factor, that is: assisting client depress expense, emulation of business, and credit plafond value which is small relative and credit duration which is short relative, ill assorted so that with expenditure of expense for the making of notary deed and expense registration of fiduciary which qualify UUJF. Legal status agreement of fiduciary underhand is as agreement of guarantee of fiduciary ineligible of formality according to UUJF obliging with notary deed and registered, did not mean that agreement of that guarantee is cancelation, but if consumer/debitor of default, hence institute financial have to do civil suing to justice, which is that agreement only as agreement of habit (perjanjian biasa), what don’t have strength to institute consumer financial as creditor of prioritize (preferen) of materialism guarantee.
It is suggested to defrayal institute specially PT. Olympindo Multi Finance Medan Branch and PT. Orix Indonesia Finance of Medan Branch, making policy of act expense of fiduciary accounted on full by company. Cordage of guarantee of fiduciary underhand on the basis of debtor letter of attorney is immediately made by act of fiduciary and registered, so that do not await the happening of debtor default (wanprestasi) just is conducted, and for conducted direct new cordage act fiduciary according to UUJF. In the case of business competition by watering down process remain to analyze or survey of ability pay for consumer, and if consumer improper hence have to be refused, so that earn debtor minimize which is debt default.